Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-29

which not a single right, privilege, or
immunity OF citizenship can protect
him. Any law State may make after
the passage Of this amendment for
dealing with the rights OF q citizen of
the United States becomes wholly in
operative because the CLAW OF the land -
must forever remain fixed as at that
moment, not to be changed in regard to
its citizens without change of the or.
ganic law, and for some purposes not to
be even so changed.
General Butler proceeded TO the
consideration of tho special and
peculiar questions raised by the
cases Of Fidden aud Spies, who
are foreigners. lie contended that
treaties were the supreme Law of
the land, and that these prisoners
were entitled by virtue OF the treaties
with Germany and Great Britain to all
the rights and privileges of American
citizens at the time such treaties were
made. i State had no power to try
these men by one OF its own laws which
was not the law OF the land at the time
the treaties were ratified. lie did not
mean that foreigner could come into
& State and break its laws with impu
nifty and the State could not touch him,
but he did mean that a State could only
try him in accordance with the law of
! the land-the whole land-at the
time the treaty with his Government
was made. This, he said, was an
important question to every Anne
rican citizen, because in return for
the concessions made Ivy this Govern
ment in the treaty with Great Britain.
tls Government Of that country had
made similar concessions to Us. Sup
pose that citizen OF the United States
should 20 to Ireland and should make
| some r. marks about the advantages Of
republican form Of government and
should be arrested and tried by tue
crimes act in violation OF the treaty,
would we not stand up and say that
| this man must be tried by a fair and
impartial jury-he must be tried az an
Englishman would have been tried ut
the time the treaty WIS made, and that he
cannot be dealt with in a more sum
mary wsy under later laws? If this
should happen, General Butlersaid, he
hoped the English authorities would not
be able TO hold upto him the decision Of
the United States supreme Court sds-
tanning tie right 10 Try an Englishmaa
by Tie local laws OF state which WAS
nothing but a swamp and how!lny
! Wilderness at the time the treaty was
ratified. Returning to tho rights OF
States General Butler said he was not
prepared to deny that State may
change It's organic law with the consent
of all its citizens but snch changes
would not bind the citizens OF an
other Stale who had not assented 70
them.
After somo dCsultory remarks about
the record and tue necessity OF having
It before the Court, and another reie-
renee 10 the breaking open OF Si'.5
and desks, General Butler Sal {:
There is no doubt that the prisoners
were entitled TO trial by an impartial
jury-a stupid jury if you please be
cause / don't think man who reals IL
newspaper is any more competent go
trg q case-rathor worse if he.pays any
attention to their lies
AS cnunciated bv the Chief lu7,ic S
! Of the Supreme Court an impartial ll-
ror. he said, sis one who Stands in fr .
dom Of mind without bias or prejudice
and is Indifferent Thepetitioners were
not tried by such jury and are entitled
to protection under the Federal Cons.i-
tuition. IT," he said, 1.-THE Court u
to give Inc jurors as prejudiced as soma
of those in this case had better g to
the land of the Hottentot6, for they
would not allow Inc TO be stolen an
taken back to Illinois General BIT
ler's allusion is to the kidnapping OF
Ker, referred to by the counsel on the
other side in defending their search aud
scizure.)
In reply to Mr.. Grinnell's statement
that the record would show that the de-
fence were more ready to take the last
Juror, Stanford, than tho State Wa,
General Butler said that they were
compelled to accept the last juror.
Their peremptory challenges were az
bausted. and they could do nothing
else under those circumstances. The!
talked to him ana cOaxed him and trlel
TO get him into state Of mind as favor
able TO their side as they could. Ln1'
was what the part Of the record reterrey
TO by Mr.. Grinnell would show, an
nothing more. General Butler the,
referred to the assertion Of counsel o.
the other side that the petitioners h1I
waived some OF their rights through
not insisting upon them by exception
or objection at the proper time, ant
that therefore they were estoppe'
from asserting those rights nos
in this court. lie conteDded, however
that when q nan WAS on trial for lli
there was no such thing as waiver O
{ estoppal. In capital offences a pr
soner cannot waive Willingly or unwlt
/ tinely anything that will affect IA
> issue. In support of this contention h
cited the opinion of Chief-Justice Shal
t in tie case of DIR. Webster. The pr
Q soners. he maintained, could not mo-
r be barred out because they had ~
@ raised sufficiently formal objections
T. General Butler then returned again
a the unreasonable searches an
seizuros" complained OF by the pet
: TONERS, and said his associate I VI
| Tucker had characterized the procee.
c iucs % "sutpGHa d'UcCS tccUHi eS'
+ cuted 10y a locksmith." why, 20.
= Honor, he exclaimed, "they Eearche
e under burglary, headed by the STATE
It Attorney on his own admission. y
G miserable policeman or half-witted coz
d stable, but the State prosecuting attol
0 ney doesthe burglary steals papers, an
o saws on cannot help that. He puts
s with sort OF triumph and yet We Al
4 told that our immunities and prlvileg'
= are not invaded, and our remedy Is
d sue for trespass What a beauti'
II remedy, sure Better be in pla,
n not to be named for comfort"
d As final reason why the writ shou
e be granted, General Butler urged tn
/. the prisoners had been sentenced
r death in their absence and witho
If being asked whether they had any re
e son TO give why sentence OF dea
should not be pronounced upon then
t The record, he said, did not show tn
st thew were absent when sentenced, b
N they could prove it. The record shove
ID that they were present, but they cou
10 prove by a half Of Chicago that ii
l. was mistake.
a. In conclusion General Butler SAT-